The woman, who was fired for gross misconduct, filed a lawsuit against her former workplace, Centacare, claiming she was unfairly dismissed and sexually discriminated against, the Australian Financial Review reported.
Related story: What the hell is polyamory? Glad you asked…
The sacking came after the woman’s co-workers discovered her name and details on Brisbane Poly Group, a social site for people seeking relationship alternatives to monogamy.
The woman – a clinical practice coordinator in Centacare’s family support division – was allegedly told by her employers that her “polyamorous” lifestyle was against the ethics and teachings of the Catholic Church.
Polyamory is the practice of engaging in multiple sexual relationships with the consent of all the people involved.
Related content: What the hell is a polyamorous couple? Glad you asked…
While the woman initially took her case to the Australian Human Rights Commission claiming sexual discrimination, it was dismissed and then taken to court.
Yesterday, her appeal was dismissed by Justice Salvatore Vasta, who highlighted the difference between “sexual behaviour” and “sexual orientation” — finding that the latter involved something more than how one behaved sexually.
“Sexual orientation is how one is, rather than how one manifests that state of being. The manifestation of that state of being can take many forms,” Justice Vasta said.
“If the contention of the applicant were correct, many people whose sexual activity might label them as sado-masochists, coprophiliacs or urophiliacs could claim that such is more than mere behaviour; it is in fact their very sexual orientation.
“If the contention were correct, then the illegal activities of paedophilia and necrophilia may have the protection of the Sex Discrimination Act 1984.”
Why you should stop looking for “the one” and start looking for “the three”.
According to the Australian Financial Review, Justice Vasta said it did not give him any pleasure to rule this way, and the woman should at least be allowed to “ventilate her grievance”.
In related news today, Catholic school teachers have launched complaints regarding a proposed “code of conduct” to govern behaviour in and outside of the workplace.
Teachers claim the code, based on the principles of the Catholic Church, is intrusive and impinge on their lifestyles, including gay rights advocacy, in vitro fertilisation, and sleeping with a partner outside of marriage.
The Daily Telegraph reports the code is proposed to be included in a new enterprise agreement, which is still undergoing review by the Independent Education Union.
Top Comments
This is disgusting! Since when is it an employer's right to fire a person for their sexual conduct when it comes to consenting adults? How does a court back them on this?? I have to wonder if she'd have been fired if she'd been married and had an affair. Or had an existing open relationship ... again, neither of which impacts on her performance at work. Why I hate religion - the people who practice it just love having opinions on the choices of others. Mind your own business, you bunch of maniacs.
When you apply for a job with a catholic based organisation usually one of the selection criteria is "uphold the values/ethos of catholic church/gospel/catholic teachings".
I can understand this if you are working for the catholic church in a churchy role. But this is the selection criteria for government funded welfare and education services. And this type of criteria gives he catholic organisation scope to discriminate.
I know the example here with the woman being polyamorous is pretty left of field but if she had been working for a secular organisation it is unlikely they could fire her.